Pennsylvania Case Commentaries

Procedural Safeguards and Prosecutorial Conduct in Capital Cases: Commonwealth v. Morales

Date: Sep 18, 1997

Procedural Safeguards and Prosecutorial Conduct in Capital Cases: Commonwealth v. Morales Introduction Commonwealth of Pennsylvania v. Salvador Morales, decided on September 17, 1997, by the Supreme...

Affirmation of Death Penalty in Commonwealth v. Hall: An In-Depth Analysis

Date: Sep 18, 1997

Affirmation of Death Penalty in Commonwealth v. Hall: An In-Depth Analysis Introduction The case of Commonwealth of Pennsylvania v. Darrick Hall (549 Pa. 269) serves as a pivotal example in...

Substance Over Procedure: CINTAS CORP. v. LEE'S CLEANING SERVICES Upholds Proper Service Despite Minor Return of Service Defect

Date: Sep 17, 1997

Substance Over Procedure: CINTAS CORP. v. LEE'S CLEANING SERVICES Upholds Proper Service Despite Minor Return of Service Defect Introduction The case of Cintas Corporation v. Lee's Cleaning Services,...

Discovery Rule and Repressed Memory in Statute of Limitations: Dalrymple v. Brown

Date: Aug 26, 1997

Discovery Rule and Repressed Memory in Statute of Limitations: Dalrymple v. Brown Introduction Linda Parisano Dalrymple v. Eugene Brown is a landmark case decided by the Supreme Court of Pennsylvania...

Res Ipsa Loquitur in Medical Malpractice: Hightower-Warren & Jones-Wright v. Silk Establishes New Precedent

Date: Jul 24, 1997

Res Ipsa Loquitur in Medical Malpractice: Hightower-Warren & Jones-Wright v. Silk Establishes New Precedent Introduction The case of Nadine Hightower-Warren and Desiree Jones-Wright, Guardians for...

Enhanced Scrutiny for Anonymous Tips in Terry Stops: Insights from Commonwealth v. Jackson

Date: Jul 24, 1997

Enhanced Scrutiny for Anonymous Tips in Terry Stops: Insights from Commonwealth v. Jackson Introduction Commonwealth of Pennsylvania v. Carl Jackson, 548 Pa. 484 (1997), is a seminal case that...

Establishing Corporate Negligence in Healthcare: Welsh v. Nason Hospital

Date: Jul 24, 1997

Establishing Corporate Negligence in Healthcare: Welsh v. Nason Hospital Introduction The case of Bobbi Jo Welsh, acting as the Administratrix of the Estate of Kyle A. Gaines, Deceased, and Bobbi Jo...

Mandatory Award of Attorneys' Fees for Prevailing Employees under the Wage Payment and Collection Law: Oberneder v. Link Computer Corp.

Date: Jun 18, 1997

Mandatory Award of Attorneys' Fees for Prevailing Employees under the Wage Payment and Collection Law: Oberneder v. Link Computer Corp. Introduction Oberneder v. Link Computer Corp., decided by the...

Defining Gross Negligence Under the Mental Health Procedures Act: Insights from Albright v. Abington Memorial Hospital

Date: Jun 18, 1997

Defining Gross Negligence Under the Mental Health Procedures Act: Insights from Albright v. Abington Memorial Hospital Introduction The case of John W. Albright, as executor of the Estate of...

Duty to Defend Affirmed in General Accident Insurance Co. v. Allen

Date: Apr 24, 1997

Duty to Defend Affirmed in General Accident Insurance Co. of America v. Eugene R. Allen et al. (547 Pa. 693) Introduction The case of General Accident Insurance Company of America (Appellant) versus...

Judicial Conduct and Procedural Limitations: The Cicchetti Case Analysis

Date: Apr 1, 1997

Judicial Conduct and Procedural Limitations: The Cicchetti Case Analysis Introduction The case of Richard D. Cicchetti, Former Judge and President Judge of the Court of Common Pleas in Fayette...

Superseding Cause and Adequate Warnings in Product Liability: Davis v. Berwind Corporation

Date: Feb 25, 1997

Superseding Cause and Adequate Warnings in Product Liability: Davis v. Berwind Corporation Introduction The case of Kimberly Davis v. Berwind Corporation, Bepex Corporation, and Boldt Industries,...

Pennsylvania Supreme Court Rejects Market Share Liability in Lead Poisoning Case

Date: Feb 20, 1997

Pennsylvania Supreme Court Rejects Market Share Liability in Lead Poisoning Case Introduction The case of Dominique D. Skipworth, a minor, represented by her legal guardians Pandora Williams and...

Reining in Judicial Delays: Standards Established in In Re: Jeffrey Alan Smith

Date: Dec 11, 1996

Reining in Judicial Delays: Standards Established in In Re: Jeffrey Alan Smith Introduction The case of In Re: Jeffrey Alan Smith addresses critical issues surrounding judicial accountability,...

Supreme Court of Pennsylvania Establishes Limits on County Waste Flow Control Ordinances Under Commerce and Contracts Clauses

Date: Nov 2, 1996

Supreme Court of Pennsylvania Establishes Limits on County Waste Flow Control Ordinances Under Commerce and Contracts Clauses Introduction The case of Empire Sanitary Landfill, Inc. and Danella...

Timely Filing of Appeals by Pro Se Inmates: Smith v. Pennsylvania Board of Probation and Parole

Date: Sep 25, 1996

Timely Filing of Appeals by Pro Se Inmates: Smith v. Pennsylvania Board of Probation and Parole Introduction Smith v. Pennsylvania Board of Probation and Parole is a landmark decision by the Supreme...

Affirmation of Death Sentence and Ineffective Assistance of Counsel in Commonwealth v. Jones

Date: Sep 19, 1996

Affirmation of Death Sentence and Ineffective Assistance of Counsel in Commonwealth v. Jones Introduction Commonwealth of Pennsylvania v. Gilbert Jones, decided on September 18, 1996, by the Supreme...

Reaffirming Standards for Awarding Attorney Fees in Frivolous Litigation: Thunberg v. Straus et al.

Date: Sep 18, 1996

Reaffirming Standards for Awarding Attorney Fees in Frivolous Litigation: Thunberg v. Straus et al. Introduction The case of Janice Lee Thunberg v. Howard Straus, Diana Gazey, Administratrix of the...

At-Will Employment and Administrative Hearings: Insights from Werner v. Zazyczny

Date: Aug 22, 1996

At-Will Employment and Administrative Hearings: Insights from Werner v. Zazyczny Introduction The case of Daniel H. Werner, Jr. v. Joseph L. Zazyczny, decided by the Supreme Court of Pennsylvania on...

Evaluation of Aggravating Circumstances in Capital Sentencing: Commonwealth v. Auker

Date: Aug 1, 1996

Evaluation of Aggravating Circumstances in Capital Sentencing: Commonwealth v. Auker Introduction Commonwealth of Pennsylvania v. Robert Donald Auker (545 Pa. 521) is a seminal case adjudicated by...